SUSPENDED Bureau of Corrections (BuCor) chief Gerald Bantag said on Thursday he has yet to receive a subpoena issued by the Department of Justice (DOJ) compelling him to answer the murder charges filed against him and several others in connection with the killing of veteran radio commentator Percival “Percy Lapid” Mabasa and inmate Jun Villamor alias Jun, the alleged middleman in the case.
Bantag claimed the subpoena server did not leave a copy of the subpoena in the barangay hall when the barangay chairman told them that he is no longer living in the area since he assumed the top BuCor post in September 2019.
“I haven’t received a subpoena, they also did not leave one in the house in Caloocan. My brother-in- law is living there but I don’t know where he is at that time,” Bantag said in an interview over DZBB.
This was contrary to Senior Assistant State Prosecutor Charlie Guhit’s statement that the subpoena was deemed served at Bantag’s last known residential address in Caloocan City but the latter was not there to personally receive it.
“The barangay chairman said that since I accepted the BuCor post I have not been visiting the house because it is too far. So, they did not leave a subpoena,” the embattled BuCor chief said.
Guhit, however, said the barangay hall in Caloocan City where Bantag previously stayed received the subpoena with a note stating that he is not staying there anymore after his appointment in BuCor.
Bantag reiterated that he would cooperate in the investigation of the cases, adding he might even personally attend the preliminary investigation set by the DOJ on November 23 and December 5.
But he said he would consider the advice of his lawyers on whether he would personally appear during the preliminary hearing since his presence in the proceeding is not required.
The subpoena directed Bantag to attend the preliminary investigation of the case, adding that failure on his part to do so and answer the allegation shall be considered as waiver to present his defense in the preliminary hearing and that the case shall be considered submitted for resolution.
Bantag has maintained his innocence over the killing of Mabasa and Villamor. The DOJ has created a three-man panel composed of Deputy State Prosecutor Olivia I. Laroza Torrevillas, as chair, with Guhit and Josie Christina T. Dugay as members.
Bantag and BuCor deputy security officer Ricardo Zulueta were charged as principals by inducement in the Lapid killing.
Also charged in the Mabasa killing as “principals by indispensable cooperation” were Bilibid inmates Denver Batungbakal Mayores, Alvin Cornista Labra, Aldrin Micosa Galicia and Alfie Peñaredonda.
For Villamor’s death, Bantag and Zulueta were charged as principals by inducements while persons deprived of liberty (PDL) Labra, Galicia, Mario Germones Alvarez and Joseph Medel Georfo were charged as principals by indispensable cooperation and PDLs Christam Dizon Ramac, Ricky Lamigo Salgado, Ronnie Pabustan de la Cruz and Joel Alog Reyes were charged as principals by direct participation.
Investigators said Bantag had a clear motive to order Lapid’s killing due to the latter’s continued exposure of his alleged illegal activities in his hard-hitting radio program “Lapid Fire.”
As to Villamor, he said he was killed to cover up Lapid’s murder.
Zulueta had gone into hiding days before the complaints were filed.
The DOJ consolidated the cases with the earlier murder complaint filed against self-confessed gunman Joel Escorial, Edmon and Israel Dimaculangan and one alias Orly or Orlando.